Thai will

[Gaybutton]

I presume anyone with an interest in such matters is also supposed to read your advice carefully to get the full message.

That's why I wrote it.

Sorry, but I see no validity in talking about how it works in the UK. This ain't the UK . . . I could talk about how it works in the USA too - and in the USA we don't even have solicitors.

Again, there is far more at stake when a foreigner dies in Thailand. Maybe do-it-yourself is just fine in the UK, but a foreigner trying to save money by do-it-yourself in Thailand - a foreigner unfamiliar with the intricacies of Thai law in such matters? Not a good idea. And I don't think anyone should be suggesting that people do.

Find a different way to save money, but not this. If people want to be certain their wishes are carried out and their beneficiaries will receive as quickly as possible, do it the right way - with a good, experienced lawyer.

[2lz2p]

I presume DIY is far more difficult in Thailand, due to the language & likely bureaucracy.

I presume anyone with an interest in such matters is also supposed to read your advice carefully to get the full message.

DIY is not available in Thailand. Only Thai lawyers admitted to the bar are permitted to practice before the Thai courts.

[Montree]

Nom tells me he set up his Will with the help of his Bank.

That's the same Bank that took over a month to restore his own money to him so perhaps not the best place to go...

[Gaybutton]

perhaps not the best place to go...

If you are in Pattaya, go to the lawyer I recommended. If you are elsewhere, go to a lawyer there. I have never heard of doing a will via a bank.

[Dodger]

I presume DIY is far more difficult in Thailand, due to the language & likely bureaucracy.

I presume anyone with an interest in such matters is also supposed to read your advice carefully to get the full message.

DIY is not available in Thailand. Only Thai lawyers admitted to the bar are permitted to practice before the Thai courts.

Just for clarification; It is legally acceptable in Thailand for a foreigner to write his own Will (DIY) if he so chooses. I usually don't recommend this, but the option is there.

The only time a lawyer is going to be practicing before the courts, regardless of who wrote the Will, is during the probate process, and yes, to your point, the lawyer has to be licensed.

If one creates his own Will, the final version has to be reviewed, signed, and notarized by a licensed law firm. Two witnesses also have to sign, and then the Will (Thai version only) has to be filed with the local teseban (or amphur).

I wrote my own Will only because I am fairly well-versed in Thai law pertaining to this process, and have a background in technical writing focusing on legal compliance. My partner Jai translated the English version I created into Thai.

The lawyer who reviewed the DIY Will I presented him actually complimented me on its accuracy and completeness. He did follow with a comment saying "whenever they see a Will written by a farang it's usually a disaster"...555 Thus the reason I think it's best for farang to just let a reputable lawyer handle this, as you and others have suggested.

Frankly, The only time I've heard about inheritance problems during the probate process is when a farang failed to create a separate Thai Will, with a Thai Executor, for the distribution of his assets in Thailand. Huge mistake!

[Dodger]

Right on the heels of our discussion about "Wills" the article linked below appeared in the news.

Some good points:

https://www.pattayamail.com/latestnews/ ... 026-545451

[Gaybutton]

Right on the heels of our discussion about "Wills" the article linked below appeared in the news.

Thank you very much Dodger. Good find! And the article is correct.

I hope those involved with Thailand, whether residing in Thailand or spending large amounts of time in Thailand, take the time to make a will if they want any control over what happens upon their death. And since most reading this probably by now have many more yesterdays than they have tomorrows, it is not something that should be postponed.

[Dodger]

There's a statement in the Pattayamail article that will probably be a bit hair-raising to some:

This is the statement:

"If a condo in your Will is held through a flawed corporate structure, your death may trigger a deep-dive audit by the Department of Business Development (DBD) during the probate process".

The author of the article doesn't explain what "flawed" means, but it does raise a red flag.

I have several expat friends who purchased condo's in fake company names who should probably look into this.

Personally, I never considered purchasing a condo under these terms due to the risk factors, and have been advising against it for years.

NOTE: There's nothing that I've ever seen in Thai Law pertaining to property deeds that even mentions this purchasing option for foreigners, let alone say it's legal.

Only in Thailand!

[Gaybutton]

That easily could be what "flawed" means. It could also mean something different or more than only one thing. Best way to find out - make sure your lawyer knows all of your circumstances when making your Thai will. If there is a problem, the lawyer will know it and be able to recommend how best to deal with it.

[Jun]

I have several expat friends who purchased condo's in fake company names who should probably look into this.

Personally, I never considered purchasing a condo under these terms due to the risk factors, and have been advising against it for years.

NOTE: There's nothing that I've ever seen in Thai Law pertaining to property deeds that even mentions this purchasing option for foreigners, let alone say it's legal.

What do you mean by a "fake company name" ? If they set up a company to buy the property, it's not fake. If they somehow managed to buy the property in the name of a company without even setting the company up, that's reckless.

Companies owning property is quite common around the world.

However, I would never entertain the idea in Thailand. If I ever buy a property, it will be in my name.